August 22, 2011
A regular meeting of the City Council was
held on Monday, August 22, 2011, at 7:00 p.m. in the Council Chambers of City
Hall. Mayor Donker presided. The Pledge of Allegiance to the Flag was
recited in unison.
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Councilmen present: |
Thomas Adams, J. Dee Brooks, Maureen Donker,
Marty Wazbinski |
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Councilmen absent: |
Fourth Ward Vacant |
Approval of the minutes of the August 8, 2011
regular meeting was offered by Councilman Brooks and seconded by Councilman Adams. (Motion ADOPTED.)
City Clerk Selina Tisdale introduced Sara
Grivetti, Executive Director of Disability Network of Mid-Michigan. The
following resolution was then offered by Councilman Brooks and seconded by
Councilman Adams:
RESOLVED, that the Mayor is authorized to issue the attached
proclamation recognizing the 21st anniversary of the Americans with
Disabilities Act. (Motion ADOPTED.) Mayor Donker presented Sara Grivetti with the
proclamation.
Assistant City Manager Jack Duso introduced
The Stadium District Brownfield Redevelopment Plan. A public hearing opened at 7:20 p.m. Kevin McGraw, Caddis Development Group and Steve
Willoughby, SME, spoke regarding the development. Katharine Czarnecki, Managing Director for
the Michigan Economic Development Corporation spoke in favor of granting the
redevelopment plan. Scott Walker,
Executive Director of Midland Tomorrow, spoke in favor of the development plan.
The public hearing closed at 7:35 p.m. The
following resolution was then offered by Councilman Wazbinski and seconded by
Councilman Adams:
WHEREAS, the City of Midland, pursuant to and in accordance with the provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the “Act”), has established a Brownfield Redevelopment Zone (the “Zone”), and has established the Brownfield Redevelopment Financing Authority of the City of Midland (the “Authority”); and
WHEREAS, the Authority, pursuant
to and in accordance with the provisions of the Act, has prepared and
recommended for approval by the
WHEREAS, the
WHEREAS, the City Council has made the following determinations and findings:
A. The Plan constitutes a public purpose under the Act;
B. The Plan meets all of the requirements for a Brownfield plan set forth in Section 13 of the Act; and
WHEREAS, as a result of its
review of the Plan and upon consideration of the views and recommendations of
the Authority and the public, the
RESOLVED, that pursuant to the
authority vested in the
RESOLVED FURTHER, that should any section, clause or phrase of this Resolution be declared by the Courts to be invalid, the same shall not affect the validity of this Resolution as a whole nor any part thereof other than the part so declared to be invalid; and
RESOLVED FURTHER, that all resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed; and
RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized and directed to execute the Brownfield Reimbursement Agreement between Midland Downtown Partners, LLC and the City of Midland subject to final review and approval of the City Attorney. (Motion ADOPTED.)
Planning and Community Development Director
Keith Baker presented Zoning Petition No. 575, to conditionally rezone the
property located at 405 Joseph Drive, Clayhill Court and Fieldstone Court from
Residential A-3 to Residential B zoning.
A public hearing opened at 8:00 p.m.
Mike Pnacek, Blackhurst Drive, spoke in favor of the development. Ed Pnacek, N. Jefferson Road, spoke in
support of the rezoning. The public
hearing closed at 8:05 p.m. The
following ordinance amendment was then offered by Councilman Wazbinski and
seconded by Councilman Brooks:
ORDINANCE NO. 1718
AN ORDINANCE TO AMEND
ORDINANCE NO. 1585, BEING
AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND
THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE
HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND
DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING
BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID
PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE
VIOLATION OF ITS PROVISIONS BY CONDITIONALLY AMENDING THE ZONING MAP TO PROVIDE
RB RESIDENTIAL B ZONING WHERE A RESIDENTIAL RA-3 ZONING DISTRICT PRESENTLY
EXISTS.
The City of Midland Ordains:
Section 1. That
the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of
Midland, is hereby amended as follows:
PARCEL 1:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION
34, T15N, R2E; THENCE NORTH 00 DEGREES 30 MINUTES 49 SECONDS WEST 1680.57 FEET
ALONG THE WEST LINE OF SAID SECTION 34 TO THE NORTH LINE OF JOSEPH DRIVE;
THENCE NORTH 89 DEGREES 54 MINUTES 40 SECONDS EAST 400 FEET ALONG THE NORTH
LINE OF JOSEPH DRIVE TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 30
MINUTES 49 SECONDS WEST 297.05 FEET; THENCE EAST 2240 FEET; THENCE SOUTH 200
FEET MORE OR LESS TO THE NORTH LINE OF JOSEPH DRIVE; THENCE WESTERLY ALONG THE
NORTHERLY LINE OF JOSEPH DRIVE TO THE PLACE OF BEGINNING.
PARCEL 2:
UNITS 1-12 THE COURTS OF JOSEPHS RUN
CONDOMINIUMS.
Be, and the same is hereby changed to
Residential B with the following conditions:
1. That no more than eight (8) dwelling units
per acre will be developed.
2. That the height of any structure in the
development be restricted to no more than
two (2) stories.
3. That no more than one resident shall occupy all vertical floors (no tenant above another).
4. That each unit shall have a separate garage
5. That each unit shall have a separate driveway
Section 2. All
Ordinances or parts of Ordinances in conflict herewith are hereby repealed only
to the extent necessary to give this Ordinance full force and effect.
Section 3. This
Ordinance shall take effect upon publication.
(Ordinance ADOPTED.)
No comments were made.
Planning and Community Development Director
Keith Baker introduced Site Plan No. 306 – Waldo Avenue Townhomes, a 24-unit
residential townhome development located at 3501 E. Ashman Street on 4.28
acres. Dave Schauman of Schauman
Construction and Eric Spitler of Wilcox Professional Services,
both spoke in support of the project. The
following resolution was then offered by Councilman Adams and seconded by
Councilman Wazbinski:
WHEREAS, the
City Council has received the recommendation of the City
WHEREAS, the City Council has reviewed the proposed Site Plan No. 306 in accord with the provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance of the City of Midland; now therefore
RESOLVED, that the City Council does hereby approve Site Plan No. 306, contingent upon the following:
1. The
storm water management methods are designed and constructed in accordance with
the City of Midland Engineering Department specifications.
2. All
landscaping shall comply with Article 6 of the Zoning Ordinance.
3. All
exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.
4. All
exterior signage shall comply with Article 8 of the Zoning Ordinance.
5. A
soil and sedimentation control plan must be submitted.
6. Sidewalks
will not be required between the driveway and the east property line.
(Motion
ADOPTED.)
Planning and Community Development Director
Keith Baker introduced Site Plan No. 307 – East Patrick Road Townhomes, an
18-unit residential townhome development located at 4009 E. Patrick Road on
3.41 acres. The following resolution was
then offered by Councilman Brooks and seconded by Councilman Adams:
WHEREAS, the
City Council has received the recommendation of the City
WHEREAS, the City Council has reviewed the proposed Site Plan No. 307 in accord with the provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance of the City of Midland; now therefore
RESOLVED, that the City Council does hereby approve Site Plan No. 307, contingent upon the following:
1. The
storm water management methods are designed and constructed in accordance with
the City of Midland Engineering Department specifications.
2. All
landscaping shall comply with Article 6 of the Zoning Ordinance.
3. All
exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.
4. All
exterior signage shall comply with Article 8 of the Zoning Ordinance.
5. A
soil and sedimentation control plan must be submitted.
(Motion
ADOPTED.)
Assistant City Manager Jack Duso introduced
Tom Hillgrove and Louis Lombardo, consultants with Rink Management Services
Corporation, who presented the Civic Arena Operational Audit. William Bartlett, 807
Hollybrook Drive, Chair of Fast Ice, Inc., spoke regarding the report. The following resolution was then offered by
Councilman Wazbinski and seconded by Councilman Adams:
WHEREAS, Rink Management Services Corporation of Mechanicsville, Virginia was retained by the City of Midland to conduct an operational audit and prepare a business plan for the Midland Civic Arena; and
WHEREAS, Rink Management Services Corporation has prepared a final report and presented said report to the City Council on August 22, 2011; now therefore
RESOLVED, that the attached Midland Civic Arena Business Plan is hereby received and placed on file in the Office of the City Clerk and the Grace A. Dow Memorial Library. (Motion ADOPTED.)
Council recessed from 9:00 p.m. to 9:10
p.m.
City Manager Jon Lynch introduced an item
appointing Diane Brown as Fourth Ward Councilman. The following resolution was then offered by
Councilman Adams and seconded by Councilman Wazbinski:
WHEREAS, on July 25, 2011 the City Council accepted the resignation of Bruce Johnson from the office of Councilman of the Fourth Ward; and
WHEREAS, Section 3.9 of the City Charter of the City of Midland requires the City Council to appoint a replacement within thirty (30) days since less than six (6) months of the unexpired term remain from the date of said resignation; and
WHEREAS, Diane Brown has submitted the only nominating petition for the office of Councilman of the Fourth Ward for the 2011-2013 City Council term of office and has expressed her willingness to fill the unexpired term of the office of the Fourth Ward; now therefore
RESOLVED, that in accord with Section 3.9 of the City Charter of the City of Midland the City Council hereby appoints Diane Brown to the office of Councilman of the Fourth Ward for the remainder of the 2009-2011 City Council term of office. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
RESOLVED, that Ken Arthur be appointed
officer delegate and Paula Whittington be appointed alternate officer delegate
to represent the City of Midland at the annual meeting of the Municipal
Employees Retirement System to be held September 27 through September 29, 2011
in Traverse City, Michigan. (Motion
ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
RESOLVED, that Traffic Control Order No.
P-11-02 filed June 9, 2011 pursuant to Chapter 24 of the Code of Ordinances to
establish traffic control as follows:
That the north side of Larkin Street, from 140 feet west of
the centerline of Ashman Street to 260 feet west of the centerline of
Ashman Street shall be designated as no stopping, standing, parking and bus
stop only.
is hereby made
permanent. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS,
City Council adopted a resolution on December 17, 2007 that allows the
Purchasing Agent to purchase full tankers of unleaded gasoline and diesel fuel
exceeding $20,000, and seek approval for the purchase at the next City Council
meeting; and
WHEREAS,
City Council reviewed the process on December 21, 2009 and decided to continue
as it still provides a significant cost savings to the City; and
WHEREAS, the
volatility of the fuel market does not allow for staff to follow the usual
sealed bid process for purchases exceeding $20,000; and
WHEREAS,
staff instead uses a competitive bid process whereby fuel vendors fax in prices
that are valid for a particular day with the bid awarded to the lowest priced
vendor; now therefore
RESOLVED,
that the requirements for sealed proposals for the purchase of fuel are waived
due to the volatility of the fuel market; and
RESOLVED
FURTHER, that the purchase of 13,701 gallons of regular #2 diesel fuel from
Hirschman Oil of Reese, Michigan for $43,418.47 executed by the Purchasing
Agent on August 2, 2011, is hereby approved. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS,
City Council adopted a resolution on December 17, 2007 that allows the
Purchasing Agent to purchase full tankers of unleaded gasoline and diesel fuel
exceeding $20,000, and seek approval for the purchase at the next City Council
meeting; and
WHEREAS,
City Council reviewed the process on December 21, 2009 and decided to continue
as it still provides a significant cost savings to the City; and
WHEREAS, the
volatility of the fuel market does not allow for staff to follow the usual
sealed bid process for purchases exceeding $20,000; and
WHEREAS,
staff instead uses a competitive bid process whereby fuel vendors fax in prices
that are valid for a particular day with the bid awarded to the lowest priced
vendor; now therefore
RESOLVED,
that the requirements for sealed proposals for the purchase of fuel are waived
due to the volatility of the fuel market; and
RESOLVED
FURTHER, that the purchase of 13,399 gallons of E10 ethanol blend unleaded fuel
from Hirschman Oil of Reese, Michigan for $41,255.52 executed by the Purchasing
Agent on August 2, 2011, is hereby approved.
(Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS,
bids for construction equipment are solicited by the U.S. General Services
Administration and the City of Midland is authorized to make purchases from
this program; and
WHEREAS,
sufficient funding for the purchase of a forestry truck is included in the FY
2011-12 Equipment Revolving Fund for Capital Outlay - Vehicles as a replacement
for existing equipment; now therefore
RESOLVED, that the Purchasing Agent is
authorized to issue a purchase order to the General Services Administration’s
selected vendor, Altec Industries of Birmingham, Alabama, in the amount of
$149,484.00, for the purchase of the aforementioned equipment, all in
accordance with the General Services Administration proposal and
specifications. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, sealed proposals were advertised
and received in accordance with Article II of Chapter 2 of the Midland Code of
Ordinances for the purchase of Salt Spreader Trucks, with trade-in, Bid No.
3336; and
WHEREAS, sufficient funding for two snow and
ice control trucks is included in the FY 2011-2012 Equipment Revolving Fund
budget for Capital Outlay - Vehicles; and
WHEREAS, the net low bid meeting
specifications was offered by Diesel Truck Sales of Saginaw, Michigan; now
therefore
RESOLVED, that the Purchasing Agent is
authorized to issue a Purchase Order to Diesel Truck Sales of Saginaw, Michigan
in the net amount of $205,532.00 for the
purchase of two snow and ice control trucks, including trade-in of City
equipment #3-69 and #3-71, in accordance with the proposal and City
specifications. (Motion ADOPTED.)
The following resolution was
offered by Councilman Brooks and seconded by Councilman Adams:
WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of pool chemicals, on Bid No. 3246 dated March 23, 2010; and
WHEREAS, the awarded bidder, Midland Pool & Recreation, Midland, MI agreed to honor the bid prices from the previous pool season; and
WHEREAS, we were satisfied with Midland Pool & Recreation’s performance in supplying pool chemicals on an as needed basis; and
WHEREAS, sufficient funds are included in the Plymouth Pool budget in the Recreation Fund for the purchase of the pool chemicals; now therefore
RESOLVED, that the Purchasing Agent is authorized to increase the purchasing limit for pool chemicals for the 2011 pool season from Midland Pool & Recreation of Midland, Michigan to $24,757. (Motion ADOPTED.)
The following resolution was offered by Councilman Brooks and seconded by Councilman Adams:
WHEREAS, the City of
Midland has the authority to contract with the Michigan Department of
Transportation for State and/or Federal funds for passenger transportation-
related services; and
WHEREAS, the City of
Midland does hereby approve Master Agreement No. 2012-0134; and
WHEREAS, this
resolution shall also approve execution of Project Authorizations for any
programs designated by the City of Midland and/or Project Authorizations for
any amount determined by the City of Midland with the Michigan Department of
Transportation which are issued under Master Agreement No. 2012-0134; now
therefore
RESOLVED, that the
Mayor and City Clerk be authorized and directed to execute Master Agreement No.
2012-0134 for and on behalf of the City of Midland; and
RESOLVED FURTHER,
that the City
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, sealed proposals have been
advertised and received in accord with Article II of Chapter 2 of the Midland
Code of Ordinances for the improvement of Tibbs Street from Wexford Avenue to
the end of the street; and
WHEREAS, funding for this project is provided by Special Assessments;
now therefore
RESOLVED, that the low sealed proposal submitted by McGuirk
Sand-Gravel, Inc. of Mt. Pleasant, Michigan, for the "2011 Tibbs Street
Improvement, Contract No. 15", in the indicated amount of $57,438.39,
based upon City estimated quantities is hereby accepted and the Mayor and the
City Clerk are authorized to execute a contract therefore in accord with the
proposal and the City's specifications; and
RESOLVED FURTHER, that the City Manager has
the authority to approve change orders modifying or altering this contract in
an aggregate amount not to exceed $20,000. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, sealed proposals have been
advertised and received in accord with Article II of Chapter 2 of the Midland
Code of Ordinances for the replacement of the water main on Lowell Court from
Sugnet Road to the end of the court; and
WHEREAS, funding for this project is provided by the Water Fund; now
therefore
RESOLVED, that the low sealed proposal submitted by Sova Excavating
& Trucking, Inc. of Midland, Michigan, for the "2011 Lowell Court
Water Main, Contract No. 6", in the indicated amount of $52,606.10, based
upon City estimated quantities is hereby accepted and the Mayor and the City
Clerk are authorized to execute a contract therefore in accord with the
proposal and the City's specifications; and
RESOLVED FURTHER, that the City Manager has
the authority to approve change orders modifying or altering this contract in
an aggregate amount not to exceed $20,000. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, the City of Midland and its engineering consultant, CTI and Associates, Inc. (CTI) of Brighton, have completed the majority of work on the renewable energy system, utilizing landfill gas created by the decomposition of refuse to generate renewable electric power and heat to offset energy consumption and operating costs for the city; and
WHEREAS, a purchase order to CTI
was increased in April 2011 to $842,563.00
for construction management and construction quality assurance for the projects
comprising the renewable energy system;
and
WHEREAS, enough waste has now
been placed in Cell 16 to allow extraction of gas from horizontal collection
pipes buried in the waste, and collecting gas from this area will boost
electricity production while reducing landfill odor and gas migration; and
WHEREAS, to collect the gas, Phase II design is necessary to tie into the existing
collection system, adding over 1,000 feet of pipe and a gas condensate lift
station; and
WHEREAS, CTI has provided a proposal of $31,000.00 for Phase II design,
bid package development, construction oversight, and survey support, and funds are available in project LF0707 –
Gas Collection and Control System; now
therefore
RESOLVED, that an increase of $31,000.00 to the existing purchase order of $842,563.00 to CTI & Associates,
Inc. to provide continued engineering support for the gas collection and
control system, as part of the gas-to-energy project, is hereby approved. (Motion
ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, in recent weeks the city’s Water Distribution crew has repaired the 4-inch water main at Natalie Court five times; and
WHEREAS, the 320 feet of 4-inch
ductile-iron water main was installed in 1987 at a depth of 7 ½ feet,
unwrapped, and laid on a bed of aggressive/active clay, causing the underside
of the pipe to become corroded and making the pipe very weak, resulting in the
increased frequency of main breaks; and
WHEREAS, the existing 4-inch water main pipe was connected to a 6-inch pipe and
extended to the end of the court, and Water Distribution crews will be upsizing
to a 6-inch ductile-iron main to correct the undersized main that was insufficient
for fire fighting purposes; and
WHEREAS, as this main replacement was not anticipated when the 2011/12 fiscal budget
was being developed, funding in the amount of $40,000.00 is needed from Water
Fund Account - Reserve for Contingencies to purchase approximately 320 feet of
6-inch ductile-iron pipe, a fire hydrant, corporations to transfer residential
water services, labor, and street/outlawn restoration; and
WHEREAS, funding has been budgeted in the 2011/12 Water Fund, Account
#591-8990.98.000 – Reserve for Contingencies; and
WHEREAS, a budget transfer from Reserve for Contingencies in excess of $25,000.00 requires City
Council approval; now therefore
RESOLVED, that a budget transfer to move $40,000.00 from the 2011/12 Water Fund contingency account to a Water Fund Capital Project for costs associated with the emergency replacement of approximately 320 feet of water main at Natalie Court is hereby approved. (Motion ADOPTED.)
Mayor Pro Tem Tom Adams presented City Council’s report on the job performance review for City Attorney Jim Branson. No action taken.
Mayor Maureen Donker presented City
Council’s report on the job performance review for City Manager Jon Lynch. No action taken.
Being no further business the meeting
adjourned at 9:25 p.m.
______________________________________
Selina
Tisdale, City